Frequently Asked Questions

  1. Why did I receive a Notice?

    The Court authorized the Notice because you had a right to know about the proposed Settlement in this class action lawsuit and about all of your options before the Court decided to give final approval to the Settlement. The Notice explained the legal rights and options that you were able to exercise before the Court decided whether to approve the Settlement.

    This matter involves a lawsuit styled McCullough v. True Health New Mexico, Inc., Case No. D-202-CV-2021-06816, in the Second Judicial District Court of New Mexico. The persons who sued are called the "Plaintiffs". True Health is called the "Defendant".

    To view a copy of the Notice, click here.

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  2. What is this lawsuit about?

    The lawsuits claim that True Health was responsible for the Incident and assert claims such as negligence, negligence per se, breach of fiduciary duty, breach of implied contract, breach of express contract, violation of the New Mexico Unfair Trade Practices Act, unjust enrichment, and invasion of privacy. The lawsuits seek compensation for people who experienced unreimbursed, documented out-of-pocket expenses, fraudulent charges, and/or lost time spent dealing with the aftermath or cleanup of the Incident or unreimbursed, documented extraordinary monetary losses as a result of the Incident.

    True Health denies all of the Plaintiffs’ claims and maintains it did not do anything wrong.

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  3. Why is the lawsuit a class action?

    In a class action, one or more people called “Representative Plaintiffs” sue on behalf of all people who have similar claims. All of these people together are the “Class” or “Class members.” In this case, the Representative Plaintiffs are Brent McCullough, Jason Clement, Stephanie Wade, Karen Siegman, and Miriam Shanks. One court will review the proposed Settlement and resolve the issues and potential claims relating to the Incident for all Class members, except for those who exclude themselves from the Settlement Class.

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  4. Why is there a settlement?

    By agreeing to settle, both sides avoid the cost and risk of a trial, and people who submit valid Claims will get compensation or credit monitoring benefits. The Representative Plaintiffs and their attorneys believe the Settlement is fair, reasonable, and adequate, and thus best for the Settlement Class and its members. The Settlement does NOT mean that True Health did anything wrong.

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  5. How do I know if I am included in the Settlement?

    You are included in the Settlement Class if you were a person to whom True Health sent notification that PII and/or PHI may have been or was exposed to unauthorized third parties as a result of the Incident occurring on October 5, 2021.

    Specifically excluded from the Settlement Class are:

    1. True Health and the True Health’s parents, subsidiaries, affiliates, officers, and directors, and any entity in which True Health has a controlling interest;
    2. All individuals who make a timely election to be excluded from the Settlement using the correct protocol for opting out;
    3. Any and all federal, state, or local governments, including but not limited to their departments, agencies, divisions, bureaus, boards, sections, groups, counsels, and/or subdivisions;
    4. The attorneys representing any of the parties in the lawsuit;
    5. All judges assigned to hear any aspect of the lawsuits, as well as their immediate family members; and
    6. Any person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding, or abetting the Incident or who pleads nolo contendere to any such charge.
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  6. What if I am not sure whether I am included in the Settlement?

    If you are still not sure whether you are a Settlement Class member, you may call the Claims Administrator at 1-877-506-4514 (Toll-Free) or email info@THNMSettlement.com with questions. You may also write to the following address:

    True Health Claims Administrator
    P.O. Box 4190
    Portland, OR 97208-4190

    Please do not contact the Court with questions.

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  7. What does the Settlement provide?

    The Settlement will provide payments to people who submitted valid Claims. There are two types of general payments available:

    1. Out-Of-Pocket Expense Reimbursement (FAQ 8)
    2. Extraordinary Expense Reimbursement (FAQ 9)

    You must have submitted a Claim for either or both types of payments by completing a Claim Form. You must have also provided proof of your Class membership in the form of either (1) the Unique ID and PIN provided in the Postcard Notice you received or (2) the name and physical address you provided to True Health for healthcare- or employment-related purposes.

    You must have provided documentation with the Claim Form that supports each type of payment sought. Any expense for which you are seeking payment cannot have been reimbursed through any other source. If you provided a bill or payment card statement as part of required proof for any part of your Claim, you may have redacted unrelated transactions and all but the first four and last four digits of any account number.

    The Settlement also includes two years of three-bureau credit monitoring and identity theft insurance through Equifax for a period of two years from the effective date of the Settlement. You must have submitted a Claim Form to obtain this credit monitoring service.

    Finally, as part of the Settlement, True Health has agreed to implement and/or maintain certain data security measures. More details are provided in the Settlement Agreement.

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  8. What payments are available for Out-Of-Pocket Expense Reimbursement?

    Class members were each eligible to receive reimbursement of up to $250 (in total, per person) for the following categories of unreimbursed, documented out-of-pocket expenses resulting from the Incident:

    • Cost to obtain credit reports;
    • Fees relating to credit freezes;
    • Card replacement fees;
    • Late fees;
    • Overlimit fees;
    • Interest on payday loans taken as a result of the Incident;
    • Other bank or credit card fees;
    • Postage, mileage, and other incidental expenses resulting from lack of access to an existing account; and/or
    • Costs associated with credit monitoring or identity theft insurance if purchased primarily as a result of the Incident.

    Additionally, Class members could have claimed up to five hours of unreimbursed attested lost time (at $20 per hour) spent monitoring accounts, reversing fraudulent charges, or otherwise dealing with the aftermath or cleanup of the Incident (only if at least one full hour was spent and the Class member provided a description of the activities performed during the time claimed as reflected in the Claim Form).

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  9. What payments are available for Extraordinary Expense Reimbursement?

    Class members who had other extraordinary unreimbursed fraudulent charges or out-of-pocket losses and/or lost time incurred as a result of, or in resolving issues and losses caused by, the Incident were eligible to make a Claim for reimbursement of up to $5,000 per Class member. As part of the Claim, the Class member must have provided documentation plausibly supporting that:

    1. They have incurred an actual, documented, and unreimbursed monetary loss;
    2. The loss was caused in material part by the Incident;
    3. The loss occurred during the time period on or after October 5, 2021, through and including the end of the Claims Deadline, which is August 14, 2023;
    4. The loss is not already covered by one or more of the categories in FAQ 8 or reimbursed through any other source; and
    5. A reasonable effort was made to avoid or seek reimbursement for the loss (including exhaustion of all available credit monitoring insurance and identity theft insurance).

    Class members who had documented extraordinary unreimbursed expenses could have also claimed for up to three additional hours of unreimbursed attested lost time (at $20 per hour) spent monitoring accounts, reversing fraudulent charges, or otherwise dealing with the aftermath or cleanup of the Incident (only if at least one full hour was spent and the Class member provided a description of the activities performed during the time claimed as reflected in the Claim Form).

    More details are provided in the Settlement Agreement.

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  10. How do I receive Settlement benefits?

    The deadline to submit a claim was August 14, 2023.

    To ask for a payment or to sign up for credit monitoring, you must have completed and submitted a Claim Form.

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  11. Do I need to do anything to remain in the Settlement?

    You did not have to do anything to remain in the Settlement, but if you wanted a payment or to sign up for credit monitoring, you must have submitted a Claim Form online or postmarked by August 14, 2023.

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  12. What happens if my contact information changes after I submit a claim?

    If you change your mailing address or email address after you submitted a Claim Form, it is your responsibility to inform the Claims Administrator of your updated information. You may notify the Claims Administrator of any changes by writing to:

    True Health Claims Administrator
    P.O. Box 4190
    Portland, OR 97208-4190
    info@THNMSettlement.com

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  13. When will I receive my Settlement benefits?

    Initial payments and enrollment codes for credit monitoring services (where applicable) were distributed to eligible claimants on August 11, 2023.

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  14. Can I have my Settlement check reissued?What am I giving up as part of the Settlement?

    All reissue requests must be sent in writing to the Claims Administrator at the address listed below. All requests must include your full name, your return address, and your signature.

    True Health Claims Administrator
    P.O. Box 4190
    Portland, OR 97208-4190

    If the name of the Class Member on the check should be changed, please send in documentation, as applicable, according to the following list:

    • Name Change - To request a check be reissued under a new name (e.g. last name change), please include instructions for the name that should be included on the replacement check and provide documentation showing this to be the case such as a marriage certificate, divorce decree, or court papers indicative of a name change.
    • Deceased Class Member - If the Class Member indicated on the check is deceased, please submit acceptable documentation showing that you are the beneficiary of his or her Estate. Acceptable documentation may be a death certificate, together with the pertinent portion of the Will, Trust, or Court Order/Letters of Testamentary naming you as Beneficiary, Personal Representative, Administrator, Executor, or Executrix.
    • Incapacitated Class Member - If the Class Member cannot act on his or her own behalf, acceptable documentation is a Power of Attorney, or guardianship or custodial paperwork.

    We will review the letter and documentation and will contact you if more information is required.

    For reasons of security, a check reissue cannot take place until either the original check is received back by us, a mailing has been returned to us as undeliverable, or until the original stale date of the check has passed or expired. Because one of these events must occur before we can act on your request, it is generally not possible for us to provide an estimated date for the reissue to take place. We thank you for your patience.

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  15. When will I receive my Credit Monitoring enrollment code?

    The initial round of enrollment codes were sent out on August 11, 2023. If you submitted a timely and valid claim for two years of 3B credit monitoring and identity theft insurance through Equifax, the enrollment email was sent from NoReply@THNMSettlement.com to the email address you provided on your claim.

    If you are unable to locate your enrollment email, please check your spam folder; if you still cannot locate it, please email info@THNMSettlement.com for assistance.

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  16. If I excluded myself, can I get a payment from this Settlement?

    No. If you excluded yourself, you will not be entitled to any benefits of the Settlement, but you will not be bound by any judgment in this case.

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  17. If I did not exclude myself, can I sue True Health for the same thing later?

    No. Unless you excluded yourself, you gave up any right to sue for the claims that the Settlement resolves. You must have excluded yourself from the Settlement Class to start your own lawsuit or to be part of any different lawsuit alleging claims released by the Settlement or otherwise relating to the Incident. If you excluded yourself, do not submit a Claim Form to ask for payment or credit monitoring.

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  18. How do I exclude myself from the Settlement?

    The deadline to request exclusion from the Settlement was April 14, 2023.

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  19. Do I have a lawyer in this case?

    Yes. The Court appointed the following lawyers as “Class Counsel”:

    Ben Barnow and Anthony Parkhill
    Barnow & Associates, P.C.
    205 West Randolph St.
    Ste. 1630
    Chicago, IL 60606
    phone 1-312-621-2000
    Andrew W. Ferich
    Ahdoot & Wolfson, P.C.
    201 King of Prussia Rd.
    Ste. 650
    Radnor, PA 19087
    phone 1-310-474-9111

    You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

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  20. How will the lawyers be paid?

    Class Counsel separately requested the Court’s approval of an award for attorneys’ fees and reasonable costs and expenses of up to $315,000. Class Counsel also requested approval of an incentive award of $1,500 for each of the Representative Plaintiffs. The amount that the Court awarded for attorneys’ fees, costs, expenses, and an incentive award will be paid separately by True Health and will not reduce the amount of payments to Class members who submit valid Claims.

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  21. How do I tell the Court that I do not like the Settlement?

    The deadline to object to the Settlement was April 14, 2023.

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  22. What is the difference between objecting and asking to be excluded?

    Objecting is telling the Court that you do not like the Settlement and why you do not think it should be approved. You can object only if you do not exclude yourself from the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

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  23. When and where will the Court decide whether to approve the Settlement?

    The Court held a Final Fairness Hearing at 10:00 a.m. on May 10, 2023, at the Second Judicial District Court of New Mexico, 400 Lomas Blvd. N.W., Albuquerque, NM 87102, Courtroom 716.

    At this hearing, the Court considered whether the Settlement is fair, reasonable, and adequate. The Court granted Final Approval to the Settlement on May 30, 2023.

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  24. What happens if I do nothing at all?

    If you did nothing, you will get no benefits from this Settlement. Unless you excluded yourself, after the Settlement is granted final approval and the judgment becomes final, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against True Health about the legal claims released by the Settlement ever again.

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  25. How do I get more information?

    This website and the Notice summarize the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available on the Important Documents page. You may also contact the Claims Administrator with questions by calling 1-877-506-4514 (Toll-Free), emailing info@THNMSettlement.com, or by writing to the following address:

    True Health Claims Administrator
    P.O. Box 4190
    Portland, OR 97208-4190

    PLEASE DO NOT TELEPHONE THE COURT OR ITS CLERK’S OFFICE REGARDING THIS SETTLEMENT.

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